Occupational therapists are required to obtain two types of consent for their services, including assessment, treatment and consultation. This resource provides a quick review of knowledgeable and informed consent. For a more comprehensive understanding, refer to the College’s Standard for Consent.
Knowledgable Consent
Under PHIPA (Personal Health Information Protection Act, 2004, of Ontario), knowledgeable consent is a specific legal requirement for how a person’s health information can be collected, used, or shared. Knowledgeable consent emphasizes the importance of clients knowing what is happening with their personal health information.
Knowledgeable consent under PHIPA means:
- As the occupational therapist you are asking permission and obtaining the client’s agreement, that you as the occupational therapist, clinic, or organization are allowed to collect, use, or share their personal health information.
- In order to obtain knowledgeable consent, the client should be explained:
- What personal health information is being collected or shared,
- Who is the personal health information being shared with,
- Why is the personal health information being shared or used (the purpose),
- The client does have a choice to say yes or no.
Informed Consent
In Ontario, occupational therapists must obtain informed consent before providing any treatment or occupational therapy service. Obtaining Informed consent is outlined under HCCA,1996 it means:
- As the occupational therapist you are asking permission and obtaining the client’s agreement before providing any occupational therapy assessment, treatment, or consultation service.
- In order to obtain informed consent, the client should be explained:
- What the proposed treatment, procedure, or service is,
- Why it is being recommended (the purpose and benefits),
- Who is involved (any students, assistants, other providers)
- What the risks are (including any serious or common side effects),
- What alternatives are available (including doing nothing),
- The client does have the right to ask questions and say yes or no.
Informed consent emphasizes that clients must have a clear understanding of the treatment itself – including risks and options – before agreeing to it. Consent is an ongoing process.
Comparison Chart
| Terminology | Knowledgeable Consent (PHIPA) | Informed Consent (Treatment/Service) |
| Applies to | Personal health information collection, use, or disclosure | Treatment, procedure, or healthcare service |
| What must be explained | What information is shared, with whom, why | What the treatment is, risks, benefits, alternatives |
| Client choice | Can say yes or no to sharing information | Can say yes or no to treatment/Intervention/service |
| Why is this important? | Awareness and control over personal information | Understanding and voluntary agreement to treatment |
| Legislation (Ontario) | PHIPA, 2004 | Health Care Consent Act, 1996 |
| College Docs | Standard for Consent | Standard for Consent |
*Reminder: Consent is an ongoing process